United Voice WA -v- The Library Board of Western Australia, The Trustees of the Western Australian Museum, The Board of the Art Gallery
Document Type: Order
Matter Number: APPL 72/2012
Matter Description: Cultural Centre Award 1987
Industry: Cultural
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 20 Dec 2012
Result: Award varied
Citation: 2012 WAIRC 01121
WAIG Reference: 93 WAIG 24
CULTURAL CENTRE AWARD 1987
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES UNITED VOICE WA
APPLICANT
-V-
THE LIBRARY BOARD OF WESTERN AUSTRALIA AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE 20 DECEMBER 2012
FILE NO/S APPL 72 OF 2012
CITATION NO. 2012 WAIRC 01121
Result Award varied
Representation
APPLICANT MR S DANE
RESPONDENT MS N PYNE AND MR A HARPER
Order
HAVING HEARD Mr S Dane on behalf of United Voice WA and Ms N Pyne on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Cultural Centre Award 1987 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 20 December 2012.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 15 – Special Rates and Provisions: Remove clause 15 and insert the following in lieu thereof:
(1) The employer shall, where practicable, make suitable provisions for employees to change their clothing on the employer's premises.
(2) Uniforms and/or clean overalls shall be supplied by the employer free of charge, where the employer requires such to be worn. Such items shall always remain the property of the employer.
(3) (a) All employees called upon to clean closets connected to septic tanks or sewers shall be paid an allowance of 78 cents per closet per week.
(b) For the purpose of this subclause one metre of urinal or three urinal stalls shall count as one closet.
(4) An employee shall not be required to work from the top of a ladder more than 3.5 metres long which rests on the ground or floor level, unless he/she has an assistant.
(5) An allowance of $2.90 per day or part thereof shall be paid to an employee required to use an airlift in the course of their duties.
(6) An allowance of $11.10 per day shall be paid in addition to the ordinary rate to an attendant required to operate audio visual equipment.
(7) (a) Except as provided for in paragraph (b) of this subclause an allowance of $6.05 per day shall be paid to an employee required to carry keys and be responsible for securing the premises at the close of business.
(b) Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.
(8) (a) An employee who is required to work away from his/her usual place of work shall be paid for any fares in excess of those normally incurred in travelling from his/her home to his/her usual place of work and return, except where an allowance is paid in accordance with Clause 17. - Fares and Travelling Allowances of the Miscellaneous Government Conditions and Allowances Award No. A4 of 1992.
(b) Travelling time in excess of that normally incurred in travelling from his/her home to his/her usual place of work and return shall be paid at the rate of ordinary time.
(c) An employee who commences or completes a shift at or between the hours of 11.00pm and 5.00am, shall in addition to the ordinary rate of pay for that shift be paid an allowance of $13.65 per shift.
2. Clause 16 – Wages: Remove subclause 16(2) of this clause and insert the following in lieu thereof:
(2) Leading Hands: In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid:
$
(a)
if placed in charge of not less than one and more than five other employees
27.10
(b)
if placed in charge of more than six and not more than ten other employees
41.50
(c)
if placed in charge of more than 11 other employees
53.30
3. Clause 8 – Overtime: Remove subclause 8(9)(a) of this clause and insert the following in lieu thereof:
(9) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $12.20 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with each meal by the employer or be paid $7.15 for each meal so required.
4. Clause 5 – Definitions: Remove subclause 5(8) of this clause and insert the following in lieu thereof:
(8) "Union" shall mean United Voice WA.
5. Schedule A – Parties to the Award: Remove Schedule A and insert the following in lieu thereof:
The following organization is a party to this award:
United Voice WA.
CULTURAL CENTRE AWARD 1987
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES United Voice WA
APPLICANT
-v-
The Library Board of Western Australia and others
RESPONDENTS
CORAM Commissioner S M Mayman
DATE 20 December 2012
FILE NO/S APPL 72 OF 2012
CITATION NO. 2012 WAIRC 01121
Result Award varied
Representation
Applicant Mr S Dane
Respondent Ms N Pyne and Mr A Harper
Order
HAVING HEARD Mr S Dane on behalf of United Voice WA and Ms N Pyne on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Cultural Centre Award 1987 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 20 December 2012.
Commissioner S M Mayman
SCHEDULE
1. Clause 15 – Special Rates and Provisions: Remove clause 15 and insert the following in lieu thereof:
(1) The employer shall, where practicable, make suitable provisions for employees to change their clothing on the employer's premises.
(2) Uniforms and/or clean overalls shall be supplied by the employer free of charge, where the employer requires such to be worn. Such items shall always remain the property of the employer.
(3) (a) All employees called upon to clean closets connected to septic tanks or sewers shall be paid an allowance of 78 cents per closet per week.
(b) For the purpose of this subclause one metre of urinal or three urinal stalls shall count as one closet.
(4) An employee shall not be required to work from the top of a ladder more than 3.5 metres long which rests on the ground or floor level, unless he/she has an assistant.
(5) An allowance of $2.90 per day or part thereof shall be paid to an employee required to use an airlift in the course of their duties.
(6) An allowance of $11.10 per day shall be paid in addition to the ordinary rate to an attendant required to operate audio visual equipment.
(7) (a) Except as provided for in paragraph (b) of this subclause an allowance of $6.05 per day shall be paid to an employee required to carry keys and be responsible for securing the premises at the close of business.
(b) Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.
(8) (a) An employee who is required to work away from his/her usual place of work shall be paid for any fares in excess of those normally incurred in travelling from his/her home to his/her usual place of work and return, except where an allowance is paid in accordance with Clause 17. - Fares and Travelling Allowances of the Miscellaneous Government Conditions and Allowances Award No. A4 of 1992.
(b) Travelling time in excess of that normally incurred in travelling from his/her home to his/her usual place of work and return shall be paid at the rate of ordinary time.
(c) An employee who commences or completes a shift at or between the hours of 11.00pm and 5.00am, shall in addition to the ordinary rate of pay for that shift be paid an allowance of $13.65 per shift.
2. Clause 16 – Wages: Remove subclause 16(2) of this clause and insert the following in lieu thereof:
(2) Leading Hands: In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid:
|
|
$ |
|
|
|
(a) |
if placed in charge of not less than one and more than five other employees |
27.10 |
|
|
|
(b) |
if placed in charge of more than six and not more than ten other employees |
41.50 |
|
|
|
(c) |
if placed in charge of more than 11 other employees |
53.30 |
3. Clause 8 – Overtime: Remove subclause 8(9)(a) of this clause and insert the following in lieu thereof:
(9) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $12.20 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with each meal by the employer or be paid $7.15 for each meal so required.
4. Clause 5 – Definitions: Remove subclause 5(8) of this clause and insert the following in lieu thereof:
(8) "Union" shall mean United Voice WA.
5. Schedule A – Parties to the Award: Remove Schedule A and insert the following in lieu thereof:
The following organization is a party to this award:
United Voice WA.